Raj Lal Dev v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1762 of 2025 Arising Out of PS. Case No.-108 Year-2024 Thana- MAHILA PS District- Darbhanga ====================================================== Raj Lal Dev aged 21 years son of Prabhakar Lal Dev resident of village Phoolbariya PS Bishanpur District Darbhanga ... ... Petitioner
Versus
1. The State of Bihar
2. Pooja Kumari D/o Late Raghuvandra Sahni resident of village Mahnauli Police Station Bishanpur District Darbhanga ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Iqbal Asif Niazi, Advocate For the Opposite Parties :
Mr.Parmanand Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 64, 74, 115(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 4 and 6 of the POCSO Act.
3. Informant has stated that she is a student of Class
11. Petitioner was harassing her for the last one year and on 2011-2023, when she was returning from school, petitioner and other accused persons intercepted her cycle near a bridge situated in between Panchov and Phoolbariya and forcibly took her towards orchard and committed rape upon her and also
Patna High Court CR. MISC. No.1762 of 2025(3) dt.16-04-2025 2/3 made obscene video. It is further alleged that thereafter this petitioner on threat committed rape on several occasions. She has further alleged that on 04-09-2024 at about 07:00 P.M. petitioner called her in an orchard in drunken condition and started committing rape which caused severe pain in private part. However, victim any how managed to run away from the spot. Next day she went to the house of the petitioner where his parents started abusing her and threatened to return immediately.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. petitioner and informant are students of the same school and with passage of time intimacy developed between them and when marriage proposal of victim was turned down by the parents of the petitioner, this case was lodged with false and concocted allegations. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the prayer for bail. He submits that the petitioner is named in the FIR and the victim in her statement recorded under section 183 Bharatiya Nagarik Suraksha Sanhita, 2023 has supported the prosecution case.
6. Considering the nature of accusation and aforesaid
Patna High Court CR. MISC. No.1762 of 2025(3) dt.16-04-2025 3/3 statement of the victim, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) Shashi U T